By Giddings, Brimer                                   H.B. No. 3008
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to loan fees charged by a bank.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article 8, Chapter V, The Texas Banking Code
    1-5  (Article 342-508, Vernon's Texas Civil Statutes), is amended to
    1-6  read as follows:
    1-7        Art. 8.  LOAN FEES.  (a)  A bank may require a borrower to
    1-8  pay all reasonable expenses and fees incurred in connection with
    1-9  the making, closing, disbursing, extending, readjusting, or
   1-10  renewing of a loan, regardless of whether those expenses or fees
   1-11  are paid to third parties.  A fee charged by the bank under this
   1-12  section may not exceed the cost the bank reasonably expects to
   1-13  incur in connection with the transaction to which the fee relates.
   1-14  Payment for these expenses may be collected by the bank from the
   1-15  borrower and retained by the bank or paid to a person rendering
   1-16  services for which a charge has been made, or the payments may be
   1-17  paid directly by the borrower to a third party to whom they are
   1-18  payable.  This section does not authorize the bank to charge its
   1-19  borrower for payment of fees and expenses to an officer, director,
   1-20  manager, or managing participant of the bank for services rendered
   1-21  in the person's capacity as an officer, director, manager, or
   1-22  managing participant.
   1-23        (b)  A bank may charge a penalty for prepayment or late
   1-24  payment.  Only one penalty may be charged by the bank on each past
    2-1  due payment.  Unless otherwise agreed in writing, prepayment of
    2-2  principal must be applied on the final installment of the note or
    2-3  other obligation until that installment is fully paid, and further
    2-4  prepayments must be applied on installments in the inverse order of
    2-5  their maturity.
    2-6        (c)  Notwithstanding any statute to the contrary, fees and
    2-7  expenses charged and collected as provided by this section are not
    2-8  considered a part of the interest or compensation charged by the
    2-9  bank for the use, forbearance, or detention of money.
   2-10        (d)  To the extent of any conflict between this article and
   2-11  Subtitle 2 or Chapter 15, Title 79, Revised Statutes (Article
   2-12  5069-2.01 et seq., Vernon's Texas Civil Statutes), the provision of
   2-13  Title 79, Revised Statutes, prevails.  <PROHIBITED--EXCEPTION.  No
   2-14  bank shall charge or collect any loan fee or any other charge, by
   2-15  whatever name called, for the granting of a consumer loan unless
   2-16  authorized by law.  Provided, however, a bank may require an
   2-17  applicant for a loan or discount to pay the cost of any abstract,
   2-18  attorney's opinion or title insurance policy, or other form of
   2-19  insurance, and filing or recording fees or appraisal fees.
   2-20  Expenses necessary or proper for the protection of the lender, and
   2-21  actually incurred in connection with the making of the loan may be
   2-22  charged.  In all consumer loan transactions in which the amount
   2-23  loaned is $100 or more and the loan period is one month or more, a
   2-24  bank may charge any borrower the reasonable value of services
   2-25  rendered in connection with the making of any loan, including the
   2-26  drawing of notes, the taking of acknowledgments and affidavits, the
   2-27  preparation of financial statements, and the investigation or
    3-1  analysis of the financial responsibility of the borrower or any
    3-2  endorser, surety or co-signer, in an amount agreed upon, but not to
    3-3  exceed $15 for each loan transaction.  If the amount that the bank
    3-4  charges for those services exceeds $15, the amount of interest
    3-5  contracted for shall be forfeited. No bank shall induce or permit
    3-6  any person, or husband and wife, to be obligated directly or
    3-7  indirectly under more than one loan contract under this article at
    3-8  the same time for the purpose, or with the effect, of obtaining a
    3-9  higher authorized charge than would otherwise be permitted.  The
   3-10  charge authorized herein shall not apply to any renewal or
   3-11  extension of an obligation on which the charge has been previously
   3-12  imposed; provided, however, that such renewal or extension may bear
   3-13  interest at the rate that is otherwise provided by law.  The charge
   3-14  shall not apply to a loan transaction wherein the borrower applies
   3-15  all or a portion of the loan proceeds to discharge a prior loan
   3-16  made by the same lender to the same borrower and in connection with
   3-17  which the above charge was imposed.  To the extent of any conflict
   3-18  between this article and a provision of Chapter 2, 3, 4, 5, 6, 6A,
   3-19  7, 8, or 15, Title 79, Revised Statutes (Article 5069-2.01 et seq.,
   3-20  Vernon's Texas Civil Statutes), the provision of Title 79, Revised
   3-21  Statutes, prevails.>
   3-22        SECTION 2.  This Act applies only to the making, closing,
   3-23  disbursing, extending, readjusting, or renewing of a loan occurring
   3-24  on or after the effective date of this Act.  If one of those acts
   3-25  occurs before the effective date of this Act, the act is covered by
   3-26  the law in effect when the act occurred, and the former law is
   3-27  continued in effect for that purpose.
    4-1        SECTION 3.  This Act takes effect September 1, 1995.
    4-2        SECTION 4.  The importance of this legislation and the
    4-3  crowded condition of the calendars in both houses create an
    4-4  emergency and an imperative public necessity that the
    4-5  constitutional rule requiring bills to be read on three several
    4-6  days in each house be suspended, and this rule is hereby suspended.